Judge Andrew Napolitano was on “The Kelly File” tonight to discuss the U.S. Supreme Court’s decision to allow a 2013 New Mexico religious freedom case to stand.

The decision states that the Christian owners of a photography company do not have the right to refuse to take photos of a same-sex marriage ceremony.

“A holding that the First Amendment mandates an exception … for commercial photographers would license [such photographers] to freely discriminate against any protected class… Such a holding would undermine all of the protections provided by antidiscrimination laws,” the decision says.

Napolitano told Megyn Kelly that New Mexico defines “public accommodation” to mean anyone who provides a good or service to the public. That means if you provide any good or service, you cannot refuse to do so as long as a customer can pay for it. Still, Napolitano said the ruling violates “the ancient and natural and personal right to refuse to do business with whomever you don’t want to do business with without having to justify it to the government.”

“They could have gone to another photographer,” Napolitano said. “This is not like it’s midnight and they wanna stay at the motel and they won’t let me stay cause my name ends in a vowel.”

“That is the same as saying a black person could have gone to another diner,” Kelly said, adding that she’s playing devil’s advocate.

Napolitano said that the country is committed to being color blind with respect to public accommodation. However, he said the issue is, “What is public accommodation?”

Napolitano also discussed the Mozilla CEO’s resignation. Watch his analysis in the video above.


Read more from Judge Napolitano on Fox News:

Judge Nap Reacts to Ft. Hood Shooting: Soldiers Should Be Armed

Judge Nap: 'Obama Pushing Limits of the Law on Immigration'

Judge Nap: Obama's NSA Reform Plans Are Only Cosmetic